United States v. Henderson

Opinion by Judge B. FLETCHER; Concurrence by Judge BERZON; • Concurrence by Judge CALLAHAN.

OPINION

B. FLETCHER, Circuit Judge:

Ronald Henderson challenges the district court’s failure to exercise the discretion accorded it in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), to vary from the Sentencing Guidelines based on policy disagreements with them and not simply based on an individualized determination that they yield an excessive sentence in a particular case. Because it is unclear whether the district judge recognized and exercised his Kimbrough discretion,…